L1A vs L1B Know The Difference Lightman Law Firm

“The L1 visa is an ideal option for quickly opening a branch office in the United States or for sending an employee to work in an existing office. The entire process can take as little as sixty days.” To learn more about the L1A or L1B visa category contact our one of our L1 visa lawyers for a consultation. Your own company is allowed to petition for you; you do not have to work for a large multinational. However, if your own company is petitioning you, then you must demonstrate that your time in the US will be temporary and you will return when your job is done. If you are already on L1 visa status and have almost completed your initial three-year stint in the U.S., then you may want to file for an L1 extension. Change your status to H1B status, you would need to have at least a bachelor’s degree and a specialty position in your company that is relevant to your education.
However, an individual who obtains an L1A visa may be qualified for EB-1C green card. EB-1C is an immigrant visa classification for multinational managers and executives. Although it is not mandatory to obtain an L1A visa before filing an EB-1C immigrant petition, it is preferably to do so.
For l-1b visa , the company has to show that they have enough funds for maintain a office in U.S. The company also has to give a proof of securing appropriate physical space and infrastructure to carry out their business. One of the privileges of the L1 visa, as opposed to many other nonimmigrant visas, is that it is a ‘dual intent’ visa. In other words, under the terms of the L-1 visa, the L-1 visa holder may apply for a Green Card and become a permanent resident without jeopardizing his/her L-1 visa status or their visa applications from a U.S. consular office abroad. Another advantage is that visa numbers are almost always current if the worker applies for a Green Card through EB-1C category.
For the L1 visa, you are initially allowed to say for up to three years. Afterward, you can apply for an extension, which they grant in increments of up to an additional two years. Meanwhile, the maximum period of stay for an L1B visa is five years.
UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb. L1 visas often allow for a smooth transition and path to permanent residence for the employee and their immediate family. For help with an L1A transition to a green card, please contact The Batrakova Law Office. Standard L1 Visa extension applications will not be subject to the same level of scrutiny that is applied to new office renewals. However, these applications still require thoughtful planning.
Along with this, the employer is also required to demonstrate that the position could not be filled by domestic workers. Company must be a parent company, branch, subsidiary or affiliate of the foreign Company. With both the L1 and H1B visas, candidates can apply for permanent resident status in the US through a green card, if they wish to do so. The L1 visa to Green Card process differs for the L1A visa and L1B visa.
A Manager manages the operational affairs of the organization as a whole, or a major function of an operating division. Management includes responsibility for personnel decisions affecting supervisory and professional personnel unless a function is managed. If you are unable to demonstrate these things, then there is a high likelihood that you will have your L1 extension denied. An immigration attorney can help you organize your facts so that you can present the best possible case to the USCIS and limit the possibility of being denied. However, this is a very complex and involved process that should be discussed at length with your immigration attorney.
As an alternate, some executives use the L1A nonimmigrant visa to enter the United States and then file for the EB-1C. Unlike EB-5, no personal investment is required nor is there a conditional residency limitation. A key difference between the L1A and L1B intercompany transferee is that the L1B transferee will not be able to obtain an EB-1C.
I would like to express my heartfelt gratitude to you for all the support and guidance on getting the desired outcome on A..’s L1 Petition. Thank you and Dan for working tirelessly to ensure the response was right to get this desired win! If it weren’t for your leadership skills and knowledge, the petition wouldn’t have been in our favor. That Bachelor’s degree is the normal requirement for entry into the occupation.Education/experience may not be substituted for a baccalaureate degree. Be able to demonstrate at least 2 years of job experience or training. Evidence that you have commanded a salary, or other compensation for services that demonstrates your exceptional ability.
Attorney services are provided by immigration attorneys and subject to a separate Attorney Agreement. Different from EB-1C, their employers will need to obtain a labor certification from the Department of Labor, and then file I-140 form with the PERM. The L1 holder must leave the United States for a minimum of one year and must work for the foreign operation of the U.S. company before becoming eligible to reapply for an L visa. The “L1 Blanket Petition Program” allows large multi-national companies to transfer several employees at the same time.

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